Salmanul Faris vs The Village Officer
2021 Latest Caselaw 12227 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                 PRESENT

              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN

     FRIDAY, THE 23RD DAY OF APRIL 2021 / 3RD VAISAKHA, 1943

                        WP(C).No.9835 OF 2021(D)


PETITIONER:

               SALMANUL FARIS
               AGED 36 YEARS, S/O. HAMZA,
               NECHIKKADAN HOUSE, KERLA ESTATE VILLAGE,
               KARUVARAKUNDU, MALAPPURAM DISTRICT.

               BY ADV. SRI.BABU S. NAIR

RESPONDENTS:

      1        THE VILLAGE OFFICER,
               KERALA ESTATE VILLAGE, KERALA ESTATE P.O.
               MALAPPURAM DISTRICT - 676 525.

      2        THE TAHSILDAR,
               NILAMBUR TALUK, NILAMBUR,
               MALAPPURAM DISTRICT - 679 329.

               GP SMT.DEEPA N.

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.04.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C)No.9835 of 2021
                                     2


                    P.V.KUNHIKRISHNAN,J.
                  =-=-=-=-=-=-=-=-=-=-=-=-=-=
                         W.P.(C)No.9835 of 2021
                  =-=-=-=-=-=-=-=-=-=-=-=-=-=
               Dated this the 23rd day of April, 2021

                                JUDGMENT

The above writ petition is filed for issuing appropriate directions

commanding the respondents to accept land tax in respect of properties

of the petitioner covered under Ext.P1 document and to effect mutation

of the properties forthwith without any further delay.

2. The grievance of the petitioner is that the first respondent

refused to accept land tax for the properties covered under Ext.P1

document, because it is a part of large Estate called Kerala Estate, which

was a rubber plantation. The counsel for the petitioner submitted that in

similar situation, this Court ordered mutation. Exts. P3 to P5 are the

judgments of this Court in similar situation.

3. Heard the learned counsel for the petitioner and the learned

Government Pleader.

4. I perused Exts.P3 to P5 judgments. Those judgments are

also connected to the land comprised in various blocks of Kerala Estate

village. Ext.P1 is the sale deed in the name of the petitioner. In Ext.P5 W.P.(C)No.9835 of 2021

judgment, this Court observed that the grant of mutation and acceptance

of basic land tax will not amount to conferment of title. This Court also

observed that if there is violation of the provisions of any of the statutes,

the authorities can very well proceed against the petitioner, in accordance

with law.

5. In the light of the fact that in similar situation, this Court

passed Exts.P3 to P5 judgments, this writ petition also can be disposed of

in the same manner.

Therefore, this Writ Petition is disposed of, directing the first

respondent to consider the application for mutation submitted by the

petitioner, if the same is in order, and pass orders in accordance with law,

as expeditiously as possible, at any rate, within a period of one month

from the date of receipt of a copy of this judgment. If mutation is

effected, the land tax offered by the petitioner shall be accepted.

Sd/-

P.V.Kunhikrishnan Judge

vpv W.P.(C)No.9835 of 2021

APPENDIX

PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE ASSIGNMENT DEED DATED 9.9.2020 OF THE S.R.O. KARUVARAKUNDU.

EXHIBIT P2 TRUE COPY OF THE TAX RECEIPT OF THE PROPERTIES ISSUED BY THE FIRST RESPONDENT DATED 11.8.2020.

EXHIBIT P3 TRUE COPY OF THE JUDGMENT DATED 9.11.2018 IN WPC NO.36470/2018 OF THIS HON'BLE COURT.

EXHIBIT P4 TRUE COPY OF THE JUDGMENT DATED 29.3.2019 IN WPC NO.8898/2019 OF THIS HONBLE COURT.

EXHIBIT P5 TRUE COPY OF THE JUDGMENT DATED 14.5.2019 IN WPC NO.13139/2019 OF THIS HONBLE COURT.

/TRUE COPY/

P.A. TO JUDGE